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DOH Form No. 788 Project No. ~~ ~~~,~
<br />December 1972
<br />(Prey. O,F, No. LO) Location: Ij~rZ Y9t'i~
<br />OPTION TO BUY MATERIAL
<br />THIS AGREEh1EtIT, Made and entered into this Z~~_day of~an~y~py
<br />• 19~ , by and between ~__~,,.,~ ~+ ~ -.,ln A ~l ai.r,r
<br />..^~wn9r (`nl nTAr~n
<br />of t;,~,.,,1,~ County r.~l~d,~ , hereinafter re-
<br />ferred to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here-
<br />inafter referred to as the DEPARTMENT, (The term "DEPARTMENT" shall be construed
<br />to include Department employees, agents and contractors.)
<br />WITNESSETH THAT:
<br />WHEREAS, the Department desires to obtain construction materials of satis-
<br />factory quality and quantity for use in construction, improvement and maintenance
<br />of its highways, which material is available from land owned by the "Owner" and
<br />described as follows, to-wit:
<br />• ?nrli resew n4 ~~'ai~ S n~er~]5 .~ SL~FJ_ ~ !'+~e_ 10~T. Q S~~(3i5S ei.
<br />(See sketch on bzck)
<br />NOW, THEREFORE, IT IS AGREED BY THE PARTIES:
<br />The Owner, for the consideration of One Dollar, receipt of which is hereby
<br />acknowledged, hereby grants to the Department the exclusive right and option from
<br />• the date of this Agreement until the 31st day of "1scR~+ber , 1980 ,
<br />at 12:00 Noon, to purchase and remove from the subject premises.
<br />(a) .`.'~as~d A 0raw1 at Tyasty a'Yv+s Cents (25 C) per (ton) (ci~~, )
<br />(b) at Cents ( C) per (ton) (cu.yd,)
<br />or for a Lump sum of $ If the Department exercises this Option
<br />within the time aforesaid, the Department•shall then have the right to purchase and
<br />remove all material necessary for construction of Department projects in the area
<br />and for adequate maintenance stockpile. If the Department exercises this Option,
<br />the Owner shall be paid a minimum of $25.00.
<br />The Department shall have the right of ingress and egress to and from the sub-
<br />ject premises and to erect any temporary structures, such as: - screening and
<br />• crushing plants, and asphalt plants; and to employ any reasonable methods for remov-
<br />al of material. After the Department has completed its removal operations, it will
<br />Leave the premises in a neat condition.
<br />This Agreement is for removal of material for use on Department projects and.
<br />maintenance only, and removal by any other persons including the Department's
<br />contractor or contractors for any purpose other than as herein provided, shall be
<br />under a separate agreement with the Owner and only with written approval of the
<br />Department.
<br />• It is understood and agreed that, upon the letting of a contract by the Depart-
<br />ment to a contractor for the construction, improvement and maintenance of highways,
<br />the Department shall assign to the contractor all its right, title and interest
<br />under this instrument, insofar as the same shall be applicable to the projects let
<br />to the contractor, and the contractor may reassign such option to subcontractors
<br />working on said projects. If the option is exercised by the contractor or any
<br />subcontractor, said contractor or subcontractor shall have a right to extract all
<br />material needed for the projects covered by the contract let by the Department, sub-
<br />ject to all the terms of the Option.
<br />Page 1
<br />Please see reverse side for
<br />Page 2
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